7.        Arbitration agreement. An arbitration agreement for the reference of an industrial dispute to an arbitrator or arbitrators shall be made in Form C and shall be delivered personally or forwarded by registered post 1[to the Secretary to the Government of India in the Ministry of Labour (in triplicate)] the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central) and the Assistant Labour Commissioner (Central) concerned.  The agreement shall be accompanied by the consent, in writing, of the arbitrator or arbitrators.

1.         Subs. by G.S.R. 398, dated 21st March, 1959.

8.         Attestation of the arbitration agreement. - The arbitration agreement shall be signed-

(a)        in the case of an employer, by the employer himself, or when the employer is an incorporated Company or other body corporate by the agent, manager, or other principal officer of the Corporation;

1[(b)     in the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;]

2[c)       in the case of an individual workman, by the workman himself or by any officer of a trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf:

Provided that such workman is not a member of a different trade union.]

Explanation. -In this rule ‘officer’ means any of the following officers, namely:-

(a)        The President;

(b)        The Vice-President;

(c)        The Secretary (including the General Secretary);

(d)        A Joint Secretary;

(e)        Any other officer of the trade union authorised in this behalf by the President and Secretary of the Union.

1.         Subs. by G.S.R. 398, dated 21st March, 1959.
2.         Ins. by G.S.R. 1059, dated 30th May, 1968.

1[8-A. Notification regarding arbitration agreement by majority of each party. - Where an industrial dispute has been referred to arbitration and the Central Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a notification in this behalf in the Official Gazette for the information of the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute.]

1.         Ins. by G.S.R. 488, dated 16th March, 1965.


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